Living Will
In one sentence
A document stating your wishes about life-sustaining medical treatment if you become unable to communicate.
Plain English
A living will (also called an advance directive) is a written statement of your medical preferences if you're ever in a coma, terminal illness, or unable to speak for yourself. You can specify whether you want life support, feeding tubes, or resuscitation. Doctors and family members use it to make decisions that honor your values when you cannot.
Example
After her mother's heart attack, Jennifer finds her mother's living will stating she does not want to be kept alive on machines if there's no hope of recovery. When her mother's condition becomes hopeless, Jennifer and the doctors follow the living will and allow her mother to pass naturally.
Used in a sentence
“The patient's living will clearly stated she did not want artificial life support in the event of permanent unconsciousness.”
How Living Will differs by state
Living Will can apply differently depending on the state. Click a state to see local specifics.
Alabama
Alabama recognizes living wills and requires two witnesses, at least one unrelated to you.
Alaska
Alaska recognizes living wills and allows oral declarations; written documents require one witness.
Arizona
Arizona recognizes living wills; documents must be signed by you and one witness or notarized.
Arkansas
Arkansas recognizes living wills; documents require two witnesses and your signature.
California
California recognizes advance health care directives (living wills); one witness or notarization required.
Colorado
Colorado requires two witnesses or notarization; living wills take effect only when you lack decision-making capacity.
Connecticut
Connecticut requires two witnesses; living wills must specifically address artificial nutrition and hydration if you want to refuse them.
Delaware
Delaware allows living wills signed by you plus one witness or notary; the document can be very simple and informal.
Florida
Florida requires two witnesses or notarization; living wills are called "advance directives" and must be signed by you.
Georgia
Georgia requires two witnesses or notarization; living wills are called "living wills" and take effect when you lose decision-making capacity.
Hawaii
Hawaii requires two witnesses or notarization, and honors living wills even if signed outside Hawaii.
Idaho
Idaho requires two witnesses, neither of whom can be your healthcare provider or related to you by blood or marriage.
Illinois
Illinois requires two witnesses or notarization and allows you to name a healthcare agent with broad decision-making power.
Indiana
Indiana requires two witnesses and recognizes living wills as binding instructions for end-of-life care decisions.
Iowa
Iowa requires two witnesses and allows living wills to direct withdrawal of life support, including food and water.
Kansas
Kansas recognizes living wills under the Kansas Health Care Directive Act; two witnesses or notarization required.
Kentucky
Kentucky's living will statute requires two witnesses; one must be unrelated and unaffiliated with your healthcare provider.
Louisiana
Louisiana requires living wills to be notarized or witnessed by two disinterested witnesses; civil law tradition applies.
Maine
Maine recognizes living wills; two witnesses required, with specific restrictions on who can serve as witnesses.
Maryland
Maryland recognizes living wills; two witnesses or notarization required; document must be signed by you.
Massachusetts
Massachusetts calls living wills "healthcare proxies" and requires two witnesses, neither of whom can be your healthcare provider.
Michigan
Michigan recognizes living wills under the Patient Advocate Designation Act and requires two witnesses or notarization.
Minnesota
Minnesota recognizes living wills and requires either two witnesses or notarization; healthcare providers must honor your wishes in writing.
Mississippi
Mississippi recognizes living wills under the Uniform Health-Care Decisions Act and requires two witnesses or notarization.
Missouri
Missouri recognizes living wills and requires two witnesses; the state has specific statutory language that strengthens enforceability.
Montana
Montana recognizes living wills and requires two witnesses or notarization to make them legally valid.
Nebraska
Nebraska requires living wills to be signed, witnessed by two people, and notarized for full legal effect.
Nevada
Nevada honors living wills with flexible execution requirements: you can sign before one witness or a notary public.
New Hampshire
New Hampshire recognizes living wills but requires two witnesses and does not allow notarization as an alternative.
New Jersey
New Jersey recognizes living wills and advance directives with flexible execution: signing before one witness or a notary suffices.
New Mexico
New Mexico recognizes living wills under the Uniform Health-Care Decisions Act, requiring two witnesses or notarization.
New York
New York requires living wills (called Health Care Proxies) to be signed by you and witnessed by two disinterested people.
North Carolina
North Carolina recognizes living wills under the Health Care Power of Attorney statute, requiring two witnesses or notarization.
North Dakota
North Dakota recognizes living wills under the Health Care Directive law, requiring signature and either two witnesses or notarization.
Ohio
Ohio recognizes living wills under the Health Care Power of Attorney statute, requiring two witnesses and specific statutory language.
Oklahoma
Oklahoma recognizes living wills and requires two witnesses or notarization to make them legally valid.
Oregon
Oregon allows living wills and requires either two witnesses or a notary; one witness cannot be your healthcare provider.
Pennsylvania
Pennsylvania recognizes living wills and requires two adult witnesses or notarization; one witness cannot be a healthcare provider.
Rhode Island
Rhode Island recognizes living wills with two witnesses or notarization; witnesses cannot be healthcare providers or related to you.
South Carolina
South Carolina recognizes living wills and requires two witnesses or notarization; witnesses cannot be your healthcare provider.
South Dakota
South Dakota requires two witnesses or notarization; living wills take effect only when you lack decision-making capacity.
Tennessee
Tennessee requires two witnesses, neither of whom can be your health care provider or related to you by blood or marriage.
Texas
Texas recognizes living wills through its Advance Directives Act; two witnesses or notarization required, with specific restrictions on who can witness.
Utah
Utah requires two witnesses or notarization; living wills are called Advance Health Care Directives and must clearly state your treatment preferences.
Vermont
Vermont requires one witness or notarization; living wills are recognized as part of advance directives with minimal formality requirements.
Virginia
Virginia recognizes advance directives and living wills; two witnesses required, neither can be your healthcare provider.
Washington
Washington requires living wills to be witnessed by two people or notarized; one witness cannot be a healthcare provider.
West Virginia
West Virginia requires living wills signed by you and two witnesses; witnesses cannot be related to you or have financial interest.
Wisconsin
Wisconsin allows living wills with two witnesses or notarization; one witness cannot be your healthcare provider or facility employee.
Wyoming
Wyoming requires living wills signed by you and two witnesses; witnesses cannot be your healthcare provider or related by blood.
District of Columbia
DC recognizes living wills and requires two witnesses, at least one unrelated to you, to validate the document.
Related terms
Power of Attorney
A legal document authorizing someone to act on your behalf in financial or medical decisions.
Guardianship
A court-ordered arrangement where one person has legal authority to care for another who cannot care for themselves.
Probate
The court process of validating a will and distributing a deceased person's estate.
Executor
The person appointed to carry out the instructions in a will.
Legal Capacity
The legal and mental ability to enter into a binding contract.
Material Fact
A fact that significantly affects a party's rights, obligations, or decision-making in a contract.
Intestate Succession
The legal process of distributing a deceased person's property when they leave no valid will.
Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.